The Heirs of Owain Glyndwr (21 page)

‘He replied: “I won't do anything else.”'

‘I then released Prosser from the handcuffs, and provided him with a form to make a written statement under caution. I read the caution to him and ensured that he understood it. Prosser then made a written statement, which I produce, my Lord.'

‘Is the statement in English?'

‘It is, sir.'

‘Yes. Well as the jury are not here, I won't trouble you to read it, Chief Inspector. His Lordship and my learned friends have copies. Can I just ask you this? Did Prosser offer any further violence towards either you or DS Scripps?'

‘No, sir. From that point he was completely cooperative.'

‘Did he in due course receive treatment from the police surgeon?'

‘Yes he did, sir.'

‘Can you say what injuries, if any, he had received?'

‘I don't know that myself, sir. The police surgeon would have reported to the duty sergeant after examining him.'

‘And finally, is it fair to say that there is no evidence to suggest that Dafydd Prosser, or any of the defendants in this case, was involved with any explosive device other than the device recovered from Arianwen Hughes' car?'

‘That is correct, sir.'

‘Yes, thank you, Chief Inspector. Wait there, please.'

39

Gareth stood.

‘So, am I to understand, Chief Inspector, that as you stand here today, you can't tell us what injuries Dafydd Prosser sustained at the hands of yourself and DS Scripps?'

‘The police surgeon would have reported to the duty sergeant, Sergeant Griffiths.'

‘Yes, so you told my learned friend Mr Roberts. My question is whether you know what injuries he sustained?'

‘I have not seen the full report…'

‘Well, let me help you. I have seen the report, as has his Lordship.' Gareth picked up a document from the pile in front of him. ‘It indicates that Mr Prosser suffered a number of lacerations around both eyes, the nose, and the right cheek, and on the back of the head. Do you understand the term “lacerations”?'

‘Yes, sir, I do.'

‘Good. Would those lacerations have been the result of his being punched in the face by yourself and DS Scripps?'

‘Yes, I would think so.'

‘Well, would there be any other way they might have been caused?'

‘Not that I can think of, no.'

‘No? They were not caused, for example, by any blows struck by the third man who was in the interview room with DS Scripps and yourself?'

‘A third man?'

‘Yes. There was such a man, wasn't there? I suggest that he was tall, mid-to-late thirties, wearing a grey suit and a red tie, and that he was a Welsh-speaker with a South Wales accent.'

‘There was no one in the interview room except DS Scripps, Prosser and myself.'

‘Really? No one from the Security Services, for example? You were interviewing Prosser about a matter of high importance, as far as security was concerned, weren't you?'

Evan Roberts stood. ‘I would ask that my learned friend proceed with caution, my Lord,' he said. ‘I am sure he is aware that the Crown has a privilege about such matters.'

‘The Crown has a privilege to protect the identity of officers of the Security Services,' Gareth replied. ‘I have not asked for his identity, and I do not intend to do so. But the question of whether such a person was present during the interview is one I am fully entitled to explore, and it is one of obvious relevance.'

‘Continue, Mr Morgan-Davies,' Mr Justice Overton replied, more or less ignoring Evan Roberts.

‘I suggest to you, Chief Inspector, that such a man was present, and that he assaulted Dafydd Prosser by punching him.'

‘No such person was present, sir.'

‘The police surgeon's report also tells us that Dafydd Prosser suffered two broken ribs. Do you know how he came to sustain those injuries?'

‘No, sir.'

‘Really? This man was being interviewed by DS Scripps and yourself, and in the course of the interview he sustained two broken ribs, and you cannot help his Lordship at all about how that happened? Is that right?'

‘I would assume, sir, that it happened when we were putting him back in his chair. I don't know that, but that's what I would assume.'

‘And how exactly do you assume it would have happened during that process?'

‘As I said earlier, DS Scripps put him in a headlock. He was walking Prosser back around the table to his chair. I was assisting by holding his arms and helping to drag him along. Prosser was still resisting and struggling quite violently. I think his chest may have come into contact with the table once or twice as we were struggling with him.'

‘You think so?'

‘Yes. I can't think of any other way it could have happened.'

‘Prosser had to go to hospital later in the morning, did he not?'

‘I understand the police surgeon recommended to Sergeant Griffiths that he be taken to hospital for a check-up, sir, yes. He was taken to the hospital later, in the custody of uniformed officers, and was returned to the police station later in the day.'

‘Yes,' Gareth said. ‘Now, let's talk about what really happened on that morning, shall we?'

‘Oh really, my Lord,' Evan Roberts protested half-heartedly. Both Gareth and the judge ignored him.

‘I don't know what you mean,' the Chief Inspector said.

Gareth paused. ‘Chief Inspector, I want to make clear to you, and I recognise that it is an unusual thing to say, that I make no criticism either of you or DS Scripps for anything you did on that morning.'

DCI Grainger smiled thinly, then gave Gareth a look which suggested some scepticism about what he had just said.

‘You believed you were dealing with a serious emergency,' Gareth said. ‘I understand that.'

‘We
were
dealing with a serious emergency.'

‘You had every reason to believe that there were other explosive devices in play, which could have killed people, or caused serious injury, possibly during the Investiture itself.'

‘That is correct, sir.'

‘Yes. And that is why I make no criticism of you. It may be that what you did was not strictly proper but, for my part, I make no criticism and I believe it to be unlikely that anyone else would criticise you.' Gareth paused again. ‘But for legal reasons, his Lordship must hear the truth.'

‘His Lordship
has
heard the truth,' Grainger replied.

‘I think not,' Gareth said. ‘Firstly, as I have already said, you had with you an officer of the Security Services. That would have been perfectly natural. You were working with the Security Services all along, weren't you? I make clear again, I am not asking for this man's name, but such a man was present, wasn't he?'

‘No, sir.'

‘And I suggest to you that he – not you or DS Scripps – began questioning Mr Prosser about the whereabouts of Trevor Hughes.'

‘Not at all.'

‘And about whether or not there were additional explosive devices.'

‘No. As I have already said, DS Scripps and I asked the questions about which I have already given evidence. No one else was involved.'

‘I further suggest that Mr Prosser already had his hands cuffed behind his chair at that time.'

‘No, he did not.'

‘And when Mr Prosser was unable to assist with the information you wanted – which I think you now accept was genuine…?'

‘I don't dispute that, sir.'

‘When Mr Prosser was unable to assist, this man lost his temper, called Mr Prosser an “anarchist bastard” and punched him repeatedly in the face while he was unable to defend himself?'

‘No, sir.'

‘You and DS Scripps, I suggest, then joined in, and all three of you continued to assault Mr Prosser, punching him repeatedly to the head and body.'

‘Not true.'

‘You kept shouting questions at him, and he kept shouting that he had no further information to give you?'

‘Not true.'

‘Finally, the third man pushed Prosser's chair over, with him in it, and kicked him in the head, didn't he?'

‘Not true.'

‘At which point you stopped the man and pulled the chair up again?'

‘This is all completely untrue.'

‘You made so much noise about it that Sergeant Griffiths came in to see what was going on, didn't he?'

‘I don't recall Sergeant Griffiths coming into the interview room until I went to fetch him after Prosser had assaulted us.'

‘You and DS Scripps told Sergeant Griffiths not to interfere, didn't you?'

‘No.'

‘And when he protested again, the third man frog-marched him out of the interview room and warned him not to come back?'

‘Nothing of that kind happened.'

‘Prosser wasn't in any position to assault anyone, was he? He had his hands cuffed behind his back, didn't he?'

‘Not until we had restrained him after the assault.'

‘And when you finally realised that Prosser had nothing more to tell you about Trevor Hughes, or about additional devices, you ordered him to write a written statement under caution, making clear to him that if he did not comply, he would be beaten up again?'

‘Absolutely not. He made the written statement voluntarily.'

‘Sitting there with his hands cuffed behind his back, numerous cuts and lacerations, and two broken ribs? He volunteered to make a statement, did he?'

‘Yes.'

‘Didn't ask for medical treatment? Just said he wanted to confess it all in writing?'

‘Yes.'

Gareth shook his head. ‘Chief Inspector, let me say once again, I am not seeking to criticise you. You had a situation of the utmost seriousness to deal with; you had a responsibility to the public. I understand that. You had reasons, which I suspect most people would think were good reasons, for crossing the line. But you did cross the line, didn't you?'

Grainger breathed out heavily. ‘We crossed the line in one respect, sir. I will admit that.'

‘Indeed? What was that?'

‘Both DS Scripps and I promised Prosser that we would do what we could to help both him and Arianwen Hughes if he told us the truth. It was obvious that he cared very much for Mrs Hughes, and we played on that. I know we are not supposed to offer inducements when questioning suspects. We are supposed to obey the Judges' Rules. We did cross the line to that extent.'

‘I am suggesting you crossed the line to a far greater extent than that,' Gareth said.

‘I don't accept that,' Grainger replied.

40

DS Scripps was called
and gave evidence virtually identical to that of DCI Grainger. Watching Mr Justice Overton becoming restless as the afternoon wore on, Gareth decided to keep his cross-examination as short as possible. He questioned Scripps about the third man, and received the predictable answer that no such man had been present.

‘Sergeant, according to your evidence, Dafydd Prosser assaulted you, punching you several times in the face. Is that right?'

‘It is, sir.'

‘As a result of which you were bleeding from the nose?'

‘Yes, sir.'

‘And he was able to do that before DCI Grainger could intervene?'

‘Yes, sir.'

‘Because there was no third man to come to your aid?'

‘There was not.'

‘But you told DCI Grainger that you were fit to continue duty?'

‘I had to continue duty, sir. We were in the middle of an emergency.'

‘And when the police surgeon, Dr Markey, came to the police station, you said you had no need of his services?'

‘Dr Markey came to see Mr Prosser, sir.'

‘Because of the two broken ribs, and numerous lacerations he received while you and DCI Grainger were restraining him?'

‘Yes, sir.'

‘You're not saying that Dr Markey would have refused to treat you if you had needed treatment? You're not saying that, are you?'

‘No, sir. I am sure he would have examined me if I had asked.'

‘And you are quite sure Dr Markey did not examine you?'

‘Quite sure. I didn't ask him to.'

‘You didn't ask because you had no need of Dr Markey's services, did you, Sergeant? Because all the violence came from the three of you, and was directed towards Dafydd Prosser?'

‘I have given my evidence, sir, and I stand by it.'

‘And he made a written statement because you told him to, and because you made it clear that he would be beaten up again if he failed to make a statement? Isn't that what happened?'

‘I have given my evidence and I stand by it.'

41

It was late in
the afternoon, and the combative cross-examination had brought about a tense, uneasy atmosphere in the courtroom. When Evan Roberts proposed that Mr Justice Overton should adjourn for the day, it was a suggestion that appealed to everyone in court, with the sole exception of Gareth Morgan-Davies. Gareth suspected that his best hope was to press home whatever advantage he had gained while the turbulence lasted, and before the witnesses had any chance to confer with each other overnight.

‘My Lord, I agree that it has been a long afternoon,' he said. ‘But I would ask that we continue. The two remaining witnesses will be quite short. I understand my learned friend has no questions for them, and calls them only to make them available for cross-examination. I don't anticipate being very long with either of them. That would also mean that they don't have to come back tomorrow – I am sure Dr Markey would appreciate that – and it would mean that we won't keep the jury waiting tomorrow morning.'

To one or two barely suppressed groans, the judge nodded his agreement.

Evan Roberts called Sergeant Griffiths, asked him his full name, and instructed him to answer any questions the defence might have.

‘You were the duty sergeant at Caernarfon Police Station on the early morning of 1 July, is that right?' Gareth began.

‘I was, sir. I was on duty in full uniform. I commenced duty at 10 o'clock the previous evening.'

‘And I think, at that time, the senior officer on duty would have been Superintendent Rees?'

‘Yes, sir.'

‘But we have heard that Superintendent Rees had to leave the police station at about 1.30 to take charge of security at the Castle after an explosive device had been found?'

‘That is correct, sir.'

‘Which left you as the senior officer on duty at the police station?'

‘Temporarily sir, yes.'

‘All right. In any case, as duty sergeant, was it your responsibility to take charge of any suspects who might be arrested, and to be responsible for them while they were in custody at the police station?'

‘That is correct, sir.'

‘And did that include responsibility for their welfare and safety while they remained in custody?'

‘Yes, sir.'

‘Three suspects relevant to this case were brought in, having been arrested, is that right?'

‘Yes, sir.'

‘Do you have a copy of your custody record with you?'

‘Yes, sir.'

‘And did you record in that document anything of significance which occurred during their time in custody?'

‘I did, sir.'

‘Please look at the record as I ask you questions, Sergeant. Firstly, is it right that about 1.45 on that morning, Caradog Prys-Jones and Arianwen Hughes were brought in at more or less the same time, although by different officers?'

‘That is correct.'

‘And, as duty sergeant, you would take certain information from them to establish their identity, to ascertain what property they had with them, and to ensure that they were fit to be detained?'

‘Yes.'

‘Were both suspects fit to be detained?'

‘They were, sir. The only difficulty was about Mrs Hughes' young son, who was with her. I had to make arrangements for the local authority to care for him while she was in custody, which was not easy at that time of night, and in the end we had to place him with a local family who had experience of fostering children, as a temporary measure, until the next day. Mrs Hughes was very distressed about the situation, needless to say.'

‘And then, perhaps an hour or so later, was Dafydd Prosser brought in by DCI Grainger and DC Owen?'

‘Yes, he was.'

‘Was Mr Prosser fit to be detained at that time?'

‘He was, sir.'

‘He didn't complain of any injuries at that time, did he?'

‘No, sir.'

‘Were all three suspects placed in separate cells?'

‘Yes, sir.'

‘And did you remain available to them at all times?'

‘I did, sir. I was up and down the stairs a fair bit until DCI Grainger came back to the station. Almost all my officers were out on duty somewhere, many helping with the search at the Castle, so we were a bit stretched, and I had to keep an eye on the desk as well as the suspects.'

‘Yes. Did there come a time when DCI Grainger indicated that he wished to interview Dafydd Prosser?'

‘I was present when he decided to interview Mr Prosser first with DS Scripps, to see whether information could be obtained about any further bombs. Superintendent Rees had asked that any further information be passed to him immediately. We all thought we had no time to lose.'

‘Who else was present when DCI Grainger made that decision? DS Scripps?'

‘As I remember, yes.'

‘And that chap from the Security Services, you know who I mean, tall, mid-to-late thirties, wearing a grey suit and a red tie, spoke Welsh with a South Wales accent. He was there, wasn't he?'

Out of the corner of his eye, Gareth saw Evan Roberts hovering, unsure whether or not to say anything. By the time he had decided not to, the sergeant had already replied.

‘I should think so, sir, yes.'

‘You know the man I mean, don't you? I'm not asking for his name.'

‘Yes, sir.'

‘Yes, because you had been working quite closely with the Security Services, hadn't you? By “you” I mean the police, both the local force and Special Branch?'

‘Yes.'

‘It is not the usual practice for someone who is not a police officer to be present during an interview, is it?'

‘No. Not unless it's someone whose presence is necessary for the welfare of the suspect, a parent or guardian for a young person, of course, or an interpreter.'

‘Who is responsible for enforcing that rule?'

‘I am, as duty sergeant.'

‘In an emergency situation such as this, where it is urgent to obtain information which may lead to the prevention of a public outrage, might you make an exception to the general rule?'

Sergeant Griffiths considered carefully for some time.

‘There might be occasions where I would, sir. I'm not sure what they would be, and I would certainly consult a senior officer before making such a decision.'

‘But your senior officer was away, taking care of the Castle, wasn't he?'

‘Yes, sir.'

‘Sergeant Griffiths, I want to make clear that I am not criticising you in any way at all. You were faced with a very serious situation, and you no doubt felt you had to assist DCI Grainger in any way you could. But the court needs to know. You authorised the man from the Security Services to be present during the interview of Dafydd Prosser, didn't you?'

The sergeant began to say something, but then stopped.

‘Can I make this easier for you?' Gareth said, not unkindly. ‘If for no other reason, DCI Grainger needed an interpreter, didn't he? Nationalist suspects almost always insist on speaking Welsh to police officers, don't they?'

‘Yes, sir.'

‘And you didn't have anyone available to act as interpreter, did you? You couldn't do it yourself, obviously, being duty sergeant. Please understand, I'm not suggesting the man did actually interpret. The interview was conducted in English. I accept that. But that would have been one good reason at the time, wouldn't it?'

‘I suppose it would, sir.'

‘DCI Grainger and DS Scripps don't speak
yr hen iaith
, do they?'

Gareth's use of the Welsh phrase, “the old language”, brought a smile to the sergeant's face.

‘Not a word, sir.'

‘Not a word. It would have taken time to find an independent interpreter at that hour, and time was the one thing you didn't have?'

‘Yes, sir. That's quite true.'

‘Well, then…?”

‘I didn't formally permit the gentleman from MI5 to be present, my Lord. But I did nothing to prevent it. I looked the other way. There is nothing in the custody record about it.'